RAM SINGH Vs. AMAR SINGH

JUDGEMENT

(1.) THIS appeal is directed by the defendant against the judgment and decree dated 12.9.1980 passed by the Additional District Judge, Kurukshetra, whereby he accepted the appeal of the respondent (plaintiff) and set-aside the judgment and decree dated 16.11.1979 passed by the Sub Judge IInd Class, Kaithal, and decreed the suit for the recovery of Rs. 9,900/- with costs throughout and interest pendente lite and also future interest from the date of suit till realisation of the amount at the rate of 12% per annum.

(2.) BRIEFLY stated, the facts are that the appellant (defendant) borrowed Rs. 8,000/- from the respondent (plaintiff) on 5.2.1973 and promised to return the amount with interest @1% per month. He executed pronote and receipt in favour of the respondent in lieu of having received the amount. However, he did not pay the amount. So, the respondent filed the suit for recovery of the amount.

(3.) ON the pleadings of the parties, the following issues were struck on 12.4.1978:-